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L. And is not so derived from the
Generation, as if therefore the Parent had Dominion over his Child
because he begat him; but from the Childs Consent, either expresse, or
by other sufficient arguments declared. For as to the Generation, God
hath ordained to man a helper; and there be alwayes two that are equally
Parents: the Dominion therefore over the Child, should belong equally to
both; and he be equally subject to both, which is impossible; for no man
can obey two Masters. And whereas some have attributed the Dominion to
the Man onely, as being of the more excellent Sex; they misreckon in it.
For there is not always that difference of strength or prudence between
the man and the woman, as that the right can be determined without War.
In Common-wealths, this controversie is decided by the Civill Law: and
for the most part, (but not alwayes) the sentence is in favour of the
Father; because for the most part Common-wealths have been erected by
the Fathers, not by the Mothers of families. But the question lyeth
now in the state of meer Nature; where there are supposed no lawes
of Matrimony; no lawes for the Education of Children; but the Law of
Nature, and the naturall inclination of the Sexes, one to another, and
to their children. In this condition of meer Nature, either the Parents
between themselves dispose of the dominion over the Child by Contract;
or do not dispose thereof at all. If they dispose thereof, the right
passeth according to the Contract. We find in History that the Amazons
Contracted with the Men of the neighbouring Countries, to whom they had
recourse for issue, that the issue Male should be sent back, but the
Female remain with themselves: so that the dominion of the Females was
in the Mother.
Or Education;
If there be no Contract, the Dominion is in the Mother. For in the
condition of Meer Nature, where there are no Matrimoniall lawes, it
cannot be known who is the Father, unlesse it be declared by the Mother:
and therefore the right of Dominion over the Child dependeth on her
will, and is consequently hers. Again, seeing the Infant is first in the
power of the Mother; so as she may either nourish, or expose it, if she
nourish it, it oweth its life to the Mother; and is therefore obliged to
obey her, rather than any other; and by consequence the Dominion over
it is hers. But if she expose it, and another find, and nourish it, the
Dominion is in him that nourisheth it. For it ought to obey
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